Can Officers Effectively Prosecute Domestic Violence Cases Without Victim Participation?

Working with victims of domestic violence can be an extremely rewarding and fulfilling endeavor. One of the most crucial aspects for a paralegal working with victim of domestic violence is adequately engaging in the task of educating oneself to understand the commonalities of such victims and the ordeals that they have been through. Such clients are drastically different from other individuals who have suffered other physical and violent crimes. Understanding the background of someone who has lived through domestic violence is absolutely central to being able to provide adequate and sensitive legal care. Most victims of domestic violence are women (95%) though domestic violence can have an impact on ever age, class, race, ethnic, cultural or religious group (purplerainfoundation, 2012). "In the United States, nearly one in three adult women experience at least one physical assault by a partner during adulthood (American Psychological Association, Presidential Task Force on Violence and the Family 1996 Report)" (purplerainfoundation, 2012). These women are often terrified of their partner's temper, apologize when they are abused and often in the most extremely controlling and isolated environment where the abusive partner will control who the partner sees and where the partner goes outside of the home, jealous of outside relationships (purplerainfoundation, 2012). In these abusive relationships the women are hit,

Domestic violence, or intimate partner violence, is a common problem. As a result, the criminal justice adapted to demands, especially from feminists, who bemoaned the poor response of police, and in turn, the justice system by instituting mandatory arrests. However, mandatory arrests have proven that just like protection or restraining orders, they are not effective in deterring domestic violence (Davis, 2008). Similarly, the arrests do not have a substantial effect on recidivism and create undue procedural complications for the criminal system (Zelcer, 2014). On the contrary, proponents of the approach, argue that it has a deterrent effect on the perpetrators and that it can even protect offer immediate protection for the victims (Clark, 2010). Nonetheless, using statistical evidence and arguments from scholarly sources, this position paper will expose the inefficiencies and constitutional inconsistencies that make mandatory arrests harmful for the batterer, victim, and the criminal justice system.

Throughout the years, how police officers and police departments view domestic violence has changed drastically. Before the 1960s, police were not properly trained on how to handle any domestic violence cases. The police did not even want to know about it because they felt like it was none of their business. It is something that they believed happened in the home and needed to be dealt with both partners. They needed to work out their issues and not involve the police. “In 1967, the International Association of Chiefs of Police stated in its manual that arrest should only be employed as a last resort,” was stated by White et al. (2005). Departments did not even know how to tell their officers how to handle domestic violence situations. Police barely did anything to help victims feel safe and reassured. A victim could have been brutally beaten, but if police were not present an arrest would not be mad. Back then, police would not even arrest the batter if they had a good excuse. As officers were becoming more aware of domestic violence and as it be came more of a concern, officers still felt uncomfortable dealing with the situation. Police were also, “Required that the police be present at the time a misdemeanor domestic violence incident occurred in order to make an arrest” (Çelik 2013). How could a victim call 911 when a misdemeanor domestic violence incident was occurring? How did police believe that there would be time between blows and screaming to pick up the

The written statements you obtained covered only the basic details of the case. These statements did not provide enough information to meet the elements of the crime. The victim’s statement did not provide when the “no contact” order was issued, time the offense occurred or who were the witnesses. The witness statements also lacked many details that could have helped with this case. After reading the statements that were provided, you should have either conducted an audio statement or conducted a question and answer written statement to establish the elements of the crime. This would have provided more information and made for a stronger

Hirschel and Buzawa (2012) indicate that 34 states have primary aggressor laws giving officers further latitude to identify the perpetrator in domestic violence incidents thereby limiting the arrest of the victim. In determining the primary aggressor, there are four factors that officers use. The four factors that Rajah, Frye, and Haviland (2006) identified are: (1) whether either party is threatening or has threatened future harm toward household members; (2) comparative injuries; (3) prior history of domestic violence if determinable; (4) whether either party acted defensively to protect himself/herself. Despite these indicators, research conducted by Hirschel and Buzawa (2012) indicates that these factors are not uniform throughout those states with primary aggressor determinates contained in their statutes rather, wide latitude is given to the officer and dual arrests still occurred despite the changes. Still, research conducted in New York state where both mandatory arrest laws and primary aggressor determinates are enacted, Rajah et. al. (2006) found that many officer chose not to arrest the perpetrator in certain circumstances thus leaving victims unprotected and therefore chose to not report the violence in future occurrences. To ensure proper application of primary aggressor determinations, officers need specialized training in

At the residence Kirks went into the residence and secured the animals. Kirks showed me where the incident had taken place. Kirks pointed out an area with a dark colored fluid and stated Russell had layed down there after the incident occurred. Kirks stated Russell had thrown up and she was unsure if the fluid was the Jack and Coke Russell had been drinking all day or if it was blood he was throwing up. Kirks pointed out a wet spot on the couch and stated she had thrown her drink at Russell and that is what was on the couch. I escorted Kirks back out to my patrol vehicle while Deputy Haynes took photos of the

Advocates began to use the wheel to testify in court because it was a breakthrough in law enforcement (Wynn, 2010). When P&C came into existence, law enforcement started to comprehend and recognize the patters of abuse (Wynn, 2010). The wheel illustrated various segments of real-life experiences that gave a clear and understandable picture of what abuse looked like. Through Ellen’s contributions in developing the P&C wheel, it helped change the criminal justice system by recognizing the many injustices that were served to victims of domestic violence. The wheel served as a roadmap to deconstruct the most manipulative domestic violence crimes and a gift to keep other women

Academically, Domestic violence is “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, threats, and emotional or psychological abuse. The frequency and severity of domestic violence varies dramatically.” However, in Washington State Domestic Violence includes a more limited definition. In Washington State Domestic Violence is defined as (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. This statutory definition is similar to that of many states in that it omits the “systematic pattern of power and control perpetrated by one intimate partner against the other” otherwise known as “coercive control.” The omission of this provision in the statutory language creates difficulty in obtaining domestic violence protection orders, when the victim cannot describe instances of physical violence, stalking, or sexual assault, yet lives in very real fear of their partner. In this literature review, I will analyze the phenomenon that is now known as

Many of the victims, as well as abusers, experience same issues that are faced by civilians. Though society looks to law enforcement to intervene in domestic violence situations, law enforcement officers themselves may also be experiencing like situations at home. Law enforcement officers may be abusers as well as victims of domestic violence. It is essential that they receive the same help as civilians receive. It is not something to be ashamed of; it is a serious problem that needs special attention. Abusers show similar signs and causes, as well as victims experience similar abusers and abuse. What is the truth of officer-involved domestic violence?

Domestic Violence is one of the most common crimes that occur, however not all of them being reported. There are many effects and causes to this behavior in law enforcement officers that have been studied by many researchers doctors, authors, and the media. The victims of domestic violence from law enforcement officers (mostly being women) are affected by this greatly on a higher level than regular women who aren’t married to police officers or, as they have much more to lose if such acts were ever reported on their spouses. There are many theoretical causes of domestic violence from law enforcement officers, which effect their victims greatly, making it almost impossible for them to report any offense without some type of

Domestic Violence is one of the most common crimes that occur, however not all of them being reported. There are many effects and causes to this behavior in law enforcement officers that have been studied by many researchers and doctors, authors, and the media. The victims of domestic violence from law enforcement officers (mostly being women) are affected by this greatly on a higher level than regular women who aren’t married to police officers, as they have much more to lose if such acts were ever reported on their spouses. There are many theoretical causes of domestic violence from law enforcement officers, which effect their victims greatly, making it almost impossible for them to report any offense without some type of consequence of

Many children are forced to live with domestic violence because one of their parents refuses to leave the relationship. In cases of women being victims of domestic violence and failing to leave the male offender, the women are also identified as offenders and are charged with failing to protect their children from avoidable harm, regardless of the limited choices they have (Friend et al., 2008). Although domestic violence occurred in 35% of the 1,248 substantiated incidents of child maltreatment, only 31 couples were investigated for exposing a child to domestic violence or not protecting their children from the violence (Coohey, 2007). In Minnesota the parent is said to endanger the child’s mental or physical health when the child is exposed to domestic violence. When police are contacted about a domestic violence incident the investigators need to consider all types of failure to protect the child, as well as the likelihood of a domestic violence incident occurring again (Coohey, 2007). In order to determine if the children will be exposed to domestic violence in the future, the investigator needs to consider many variables. Such variables include a history of domestic violence and other types of child maltreatment, a willingness by the perpetrator to change his or her behavior, and if the perpetrator has the ability to change. Domestic

There are certainly differences in how these systems would respond today. Initially in most domestic violence cases, the police are the first victims reach out to. Before the officers would talk to the abuser and allow him to cool down, then they would leave as long as the victim said they were ok. In that predicament today evidence is collected by way of photos of the victim’s injuries, and the crime scene. There is also some record of the victim’s and other witness’s words in case things are taken to court. There is a definite arrest on the suspect and interviews are conducted separately because two officers respond to the call to ensure the safety of the battered (How Police Are Trained to Respond To Domestic Violence,

The episode I watched is from COPS and the episode was a domestic violence call (Pollack, 2017). The first thing that the officers did when they arrived on the scene was to separate the parties involved and they give each party

In the 1977 case Emily reported that her husband had beaten and raped her (Laureate Education, 2012). Emily retreated to her sister’s home as she had nowhere else to go where she felt safe and contacted authorities, police came however; they did not take any detailed notes for their report. Per Emily, the officers were nonchalant about the accounts Emily provided, the police during this time did not believe a husband could actually rape his wife (Laureate Education, 2012). Emily went to the hospital to be treated however; not much occurred at the hospital. Emily received an exam by a physician and was supplied a prescription for pain (Laureate Education, 2012).